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Homicide

Defense Asks to Delay 2019 Fratricide Case as Second Attorney Plans to Leave

In a status hearing before DC Superior Court Judge Todd Edelman on June 26, defense attorney Molly Bunke announced her intention to leave the Public Defender Service (PDS) in July, and asked for more time so a new attorney could be appointed to the case. 

Joseph Smith, 68, is charged with second-degree murder while armed for his alleged involvement in the fatal stabbing of his brother, Arnold Smith, 62, who died on the 600 block of Galveston Place, SE, on April 9, 2019. Arnold sustained stab wounds to his chest and back and one superficial wound to his arm.

Smith was present for the hearing virtually.

While the prosecution expected to be ready for trial by August 8, Bunke stated she did not anticipate the defense would be ready because she planned to leave PDS in the coming weeks. There was also more information that she said may change the “scope of the trial.” 

Prosecutors opposed postponing the trial, stating that Bunke could leave PDS and still represent Joseph at trial. They also questioned why another attorney was not assigned to the case after defense attorney Joseph Yarbough “left months ago.”

Judge Edelman asked Bunke to see if her new employers would be amenable to her staying on for the remainder of the case, as he expects the trial to be relatively short. He asked for her to have an answer by June 29.

Parties are slated to reconvene on July 10.

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